Managing Employment Relations

Managing Employment
Relations

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
QUESTION 1..............................................................................................................................3
Advise to OHF regarding the changes that are made by it and evaluation of the impact of them
on the employees and the actions that are required to be taken by the organisation to ensure
legal compliance..........................................................................................................................3
Question 2:..................................................................................................................................4
Question 3...................................................................................................................................7
What are Dino’s legal employment rights? ...............................................................................7
Advise OHF as to whether Mr Khoo has any legal grounds for doing this. .............................8
Question 4...................................................................................................................................8
Advise OHF of what HR policies and strategies should be in place to avoid staff dress code
discrepancies, explain your reasons. ..........................................................................................8
Explain whether Trade Unions have any legal position to negotiate terms with OHF ..............9
Whether OHF can refuse staff joining UNITE. .........................................................................9
What HR strategies would you recommend avoiding future conflict. .......................................9
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Labour laws are the laws that has been formed in order to make employees attain its
rights through various kinds of factors regulation that is connected with it. Such laws develop
tendency to deal with those aspects that helps in protecting employees or labours from getting
exploited in any manner. These laws has been formed with wider scope of employees to be kept
in mind. Nature of such laws are dynamic as they help in enhancing employees rights for making
them deal with situation where they are been deprived of them. Further in this file Organics
health food that is an retailer and has been formed in Covent Gardens. Further in this file various
things relate to employment law and labour law is covered. There are four questions that is given
which consist of certain situations that has to be answered and advice is given to Organics health
food accordingly.
MAIN BODY
QUESTION 1
Advise to OHF regarding the changes that are made by it and evaluation of the impact of them
on the employees and the actions that are required to be taken by the organisation to ensure
legal compliance
OHF which is Organic Health Foods is a retailer which has taken various decisions and the
enterprise has asked the freelancer HR consultant to provide suggestions and advise on the
decisions that are taken during the year. All the main decisions that were taken by the
organisation are as follows:
 One of the decisions was related to maternity leave in which it was decided by the
organisation that it will provide only 1 month paid leave.
 The paternity leaves which will be allowed to the male staff could only be taken as the
annual leaves (Jacoby, 2018).
 The organisation was closed during the march month of year 2020 because of the global
pandemic Covid 19. It was states by the owner that no staff will be paid for the leaves.
All the above mentioned changes resulted in various implications of the business which
are related to staff members as well as the legal issues. The discussion of all of them is as
follows:

According to the laws of UK government the female staff who will be working in an
organisation are allowed to take maternity leaves up to 52 weeks. First 26 weeks of the lea are
called ordinary maternity leave and the rest of the 26 weeks are known as additional maternity
leaves. The earliest time when the leave could be taken by the individuals is 11 weeks before the
child birth. As OHF decided that it will only allow paid leave of one month so it may result in
legal issues for the company because according to legal authorities the female staff is allowed to
take a paid leave for 39 weeks and for rest of the weeks the employee will get 90% of the wage.
As the company has announced that it will only provide paid leave for 1 month which is 4 weeks
so it is not right according to the employment legislation and it may result in legal issues for
business (Hampel, Tracey and Weber, 2020).
Second decision is related to paternity leaves in which the staff can only take these leaves
as annual leaves but according to laws the make staff is allowed to take paternity leaves of 1 to 2
weeks and it is paid. If the company will make changes in this employment legislation, then also
it may result in unsatisfaction of employees as well as legal actions of them.
Third decision is related to not paying salaries to staff which is also illegal because of the
staff members have worked for a company then they have right to get paid for the same.
Employees will get affected due to all the decisions because they will face monetary issues in
future. The entity is advised to interact with all the staff members and then ask for their
suggestions on these decisions so that possibility of legal actions in future could be ignored.
Question 2:
In UK, both employees and employers tends to face turbulent year undertaking the laws
for the suitable changes and court cases that tends to impact the millions of individuals
considering their new regulations for the suitable contractors to the court cases that leads to
impact the suitable rights of workers. As it tends to bring prominent changes which are important
in order to alter the rights of workers and employers regarding the obligations. Moreover, several
self-employed workers tends to concerned with the business in order to find suitable changes
regarding the pay-off working rules which are quite complicated and also impact the outcome as
well. Besides form this, HMRC also tends to confirm that they believe the suitable right in order
to address the fundamental unfairness considering the non-compliance for the existing rules
(Hampel, Tracey and Weber, 2020). For this, they also need to make sure the smooth execution
of customers as they does not need to pay prominent penalties for the errors regarding the payroll

off for the first year. For this, the reason of introducing IR35 is to clamp down the working of
individuals in same manner and also consider the guise as most of the freelancers tends to
operate by the private organisations and tends to pay lower income tax considering the national
insurance.
In regard of this, considering IR35 it is beneficial for the employers in order to hire
workers and for this, they does not have to pay employers' national insurance contribution and
suitable benefits to the prominent benefits of employees. For this, its is effective for the
contractors regarding the tax efficiency. It also tends to depict the lack of clarity considering the
ambiguity over the employment considering the suitable guidelines that tends to proven for the
controversial since the introduction of law (Yin, Wang and Lu, 2019). This act depict that to
determine the IR35 and apply it for the significant contract, employer need to work for the
effective and best workforce status of the individuals in order to offer best and effective services.
IR35 is also undertake as the intermediaries legislations as it applies to the workers in order to
offer their suitable services by intermediary instead of working as the employee. For this,
personal service company is considered as the limited company in which the sole director tends
to undertake most of the shares and then the contractor deliver services to customers.
This status is prominently depend on the test in which employer for the tax of employees
consider effective purpose in order to relate for the direction, control and also undertake suitable
details (Hameed and et. al., 2019). Moreover, HMRC tends to consider effective tools by having
effective application of IR35 and consider its helpline as well. For this, in public sector effective
rules are applied for the private sector as well and for this, the suitable changes which are coming
for IR35 include:
 Medium and large organisations are effectively responsible for working out regarding the
contractor's employment status.
 Along with this, contractors also need to give prominent reasons behind the prominent
decision and also undertake suitable disputes for the suitable decisions as if they are
disagreeing with it.
 In terms of small businesses, they are exempted for the prominent changes and if the
contractor work for the small ventures and their customers then the contractors are also
responsible for working out for the suitable employment status.

Along with this, customers are effectively classified for the small businesses if they tends
to meet for the suitable criteria:
 Annual turnover is not more than £10.2 million
 Total of balance sheet is not more than £5.1 million
 Lastly, employees are not more than 50
Therefore, in terms of OHF, they tends top depict and matches with suitable rates forb the
national minimum wages and also increase on the April 01, 2020. For this, the national living
wage rate for the workers age is around 25 and also increase from £8.21 to £8.72. In regard of
this, the suitable rates for the younger workers will also gets increased on the grounds of hourly
wage rates by rising it to £8.20 for the workers aged around 21 but under 25 and by this it is
identified that OHF prominently meet the minimum wage act standards and offer wages by
considering each and every element. Besides for this, undertaking the age of 18 but below 21
they the act depict the wage of £6.45 for the workers but OHF does not matches this criteria and
immediately need to take actions by maintaining suitable health and safety standards only recruit
those kids who are no longer for the compulsory school age otherwise company tends to face
strict actions for their illegal act (Bray, Budd and Macneil, 2020).
Despite from this, government also tends to pledged for for the national living and
minimum wages rate as it tends to reach for two-third for the median earnings within five years.
For this, the current projections would be approximately £10.50 in 2024. Besides this, OHF also
tends to consider that HMRC also enhance the prominent concern regarding the making sure for
the workers including their payroll and that PAYE tends to operated for the proposed changes
undertaking the legislations by showing their commitment to enhance suitable practices. It
effectively depict the major policy and prominent changes which are made for most of the
private companies across the industry and sector as well by which company need effective key
advice to execute their standards effectively (Budd and Bhave, 2019). Undertaking the
experience which is suggested that the respective company tends to effectively need all the
afforded time factor in order to prepare them for the change and the contract IR35 is beneficial
and useful for businesses in order to comply with the new regulations for the team and business
advisory experts tends to put things collectively in a series regarding the key guidance and
essential informative videos for the businesses in order to prepare themselves.

Question 3
In this the scenario speaks that there has been high turnover of satff at OHF. Recently
Dino Nelson has undergoing Gender Reassignment and has applied for sick pay but Peter Khoo
refused to accept GR as legitimate illness and recognized Dino's depression as part of GR.Mr
Khoo has dismissed Dino on grounds that neither gender reassignment nor depression were
recognised as sick leave
What are Dino’s legal employment rights?
As per the employment laws there are provision that is been given to employees
regarding sick leaves. An employee is entiele for sick pay only when there is illiness or any other
health issue. There are two types of sick pay leaves that is been given under the act
Also certain types of sick leaves are as follow:
Company sick pay (also called contractual or occupational sick pay)
Statutory Sick Pay
As per this an employer runs its own sick pay scheme that is 'company sick pay scheme'
under which an employees is repaired to pay as per this if it falls under the category. Even
though if some one is not entitled to be paid under the scheme of the organization then also an
organization pays under the Statutory Sick Pay if an employee completes its eligibility criteria.
Company sick pay
In this employer may offer sick pay over scheme that makes it more generous within
legal minimum. If employer is not following the law then it is considered to be illegal activity.
In this details related to organization and sick pay through entitlement required to be included
within written statement of employment. This si required to be submitted within startung of two
months. If organization doesn't offer a scheme, the written statement should say so.
A typical company sick pay scheme
As per this employer and employee vary from each other to employer. AA typical sick pay
scheme usually starts after a minimum period of service, for example, a three month
probationary period. After this nominal pay is required to be paid during time period specified.
Also specific number of week should be specified. In this half pay is required to be paid for
further pay that is half-pay over the sick leave taken (Nwagbara, 2020).
Proof of sickness required by your employer

In this an employer is required to submit the proof over sickness and the reason should
be valid to creation time or till the date its is applied for. In this an employee is able to make self
-certify for a week of illness. In valid note is of doctor is required to issue.
From the above scenario it can marked out that Dino’s can ask for compensation over the
sick leaves that is been given to them. Also he can challenge the organization for not giving him
holidays despite of having valid reason for it.
Advise OHF as to whether Mr Khoo has any legal grounds for doing this.
No, Mr Khoo does not have any legal grounds to reject the leaves that is been applied by
Dino. As this shows that discrimination is been done as the employee is going through Gender
Reassignment. A organization cannot deprive a person form taking leave on the basis of
discrimination that is done against the. Also there should be only valid resin for stooping
employees from taking leaves.
Question 4
In this Stefani Pointer is Christan and wears cross in order to show her faith and she
works as nurse. Recently it has been told by her that she was not allowed to wear cross even
though Amina is allowed to wear a headscarf and Raj sigh all to wear turban both working as
cashier. No HR policies has been formed to make reflecting of dress code. Stefani is required to
join trade Union UNITE for negotiating wearing cross
Advise OHF of what HR policies and strategies should be in place to avoid staff dress code
discrepancies, explain your reasons.
The manner in which dress at workplace varies from uniform to suits and everything isn
inn between. In this especially now accepted over casual dress. Dress code is basically been
dependent over various kinds of rules formed within an organization. An employee working
should follow the dress code that is been decided by an organization. The employees are required
to follow dress code as this is part of ethical code of conduct. These are the laws that is
responsible for making an organization deal. While dress codes may seem harmless enough, you
need to be especially careful that dress code requirements do not discriminate against members
of protected groups, based on federal and state anti-discrimination laws. Also in this scenario
religious discrimination is done and the grounds. If na employees is been deprived of wearing
anything related to religious belief then he can refrain an person under following grounds

Justification is required to be shown as per the requirement of doing such an act.
 Showing business justification with a valid reason by the employees to follow the belief.
ask the employees to seek an exemption from wearing religious garb while on duty(Pepple,
and Olowookere, 2020)
Explain whether Trade Unions have any legal position to negotiate terms with OHF
Trade union is been made to protect employees rights within an organization and fights
for causes like wages if not paid, holiday if not given and all the kinds of other things that is
related to employees working in an organization. Yes Trade Union can perform negotiation for
religious discrimination that is been done by the employees.
Whether OHF can refuse staff joining UNITE.
NO, without any valid reason they cannot stop employees form joining in the basis of
religious beliefs that is hood, by them. In this given case scenario an employee has been
discriminated on the basis of religion because Raj is allowed to wear the turban and Stefani is
not allowed to do wear cross. This makes discrimination arise.
What HR strategies would you recommend avoiding future conflict.
In any bargaining agreement, certain management rights are not negotiable, including the
right to manage and operate the business, hire, promote, or discharge employees. However, in
the negotiated agreement there may be a process outlined by the union for how these processes
should work. Management rights also include the ability of the organization to direct the work of
the employees and to establish operational policies. As an HR professional sits at the bargaining
table, it is important to be strategic in the process and tie the strategic plan with the concessions
the organization is willing to make and the concessions the organization will not make (Yin,
Wang and Lu, 2019).
CONCLUSION
From the file it can be concluded that employment laws are the laws that has been
making an employee deal with various factors that makes there working more safe. These holds
rights that is been given to employees in order to protect them form discrimination. In this file

wages act is been covered that defined about when an employee can be paid or not. Also
religious discrimination is been explained. In the end HR strategies that is used by them in future
is explained.

REFERENCES
Books and Journals
Amossé, T., Bryson, A., Forth, J. and Petit, H., 2016. Managing and working in Britain and
France: An introduction. In Comparative Workplace Employment Relations (pp. 1-26).
Palgrave Macmillan, London.
Bray, M., Budd, J.W. and Macneil, J., 2020. The Many Meanings of Co‐Operation in the
Employment Relationship and Their Implications. British Journal of Industrial
Relations, 58(1), pp.114-141.
Budd, J.W. and Bhave, D.P., 2019. The employment relationship: Key elements, alternative
frames of reference, and implications for HRM. The Sage handbook of human resource
management.
Hameed, I and et. al., 2019. Managing successful change efforts in the public sector: An
employee’s readiness for change perspective. Review of Public Personnel
Administration, 39(3), pp.398-421.
Hampel, C.E., Tracey, P. and Weber, K., 2020. The art of the pivot: How new ventures manage
identification relationships with stakeholders as they change direction. Academy of
Management Journal, 63(2), pp.440-471.
Jacoby, S.M., 2018. The embedded corporation: Corporate governance and employment
relations in Japan and the United States. Princeton University Press.
Nettleton, S., Sebbens, T., Fairhall, H. and Firth, T., 2016. Stay agile: Managing employment
relations in the new economy. Governance Directions, 68(8), p.475.
Nwagbara, U., 2020. Exploring how institutions shape managerialist employment relations and
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Journal.
Pepple, D. and Olowookere, K., 2020. Towards an understanding of the dynamics of work and
employment relations during austerity. Public Organization Review, pp.1-17.
Yin, Y., Wang, Y. and Lu, Y., 2019. Why firms adopt empowerment practices and how such
practices affect firm performance? A transaction cost-exchange perspective. Human
resource management review, 29(1), pp.111-124.